4040 BP - Employee Use of Technology

All Personnel 
Board Policy No. 4040
Policy approved: May 19, 2016


The Governing Board recognizes that technological resources can enhance employee performance by offering effective tools to assist in providing a quality instructional program, facilitating communications with parents/guardians, student and the community, supporting district and school operations, and improving access to and exchange of information.  The Board expects all employees to learn to use the available technological resources that will assist them in the performance of their job responsibilities.  As needed, employees shall receive professional development in the appropriate use of these resources.

Employees shall be responsible for the appropriate use of technology and shall use the district's electronic resources only for purposes related to their employment.

District technology includes, but is not limited, to, computers, the district’s computer network including servers and wireless computer networking technology (wi-fi), the Internet, email, USB drives, wireless access points (routers), tablet computers, smartphones and smart device, telephones, cellular telephones, personal digital assistants, pagers, MP3 players, wearable technology, any wireless communication device including emergency radios, and/or future technological innovations, whether accessed on or off site and through district-owned or personally owned equipment or devices.

The Superintendent or designee shall establish an Acceptable Use Agreement, which outlines employee obligations and responsibilities related to the use of district technology.  Upon employment and whenever significant changes are made to the district’s Acceptable Use Agreement, employees shall be required to acknowledge in writing that they have read and agreed to the Acceptable Use Agreement.

Employees shall not use district technology to access, post, submit, publish, or display harmful or inappropriate matter that is threatening, obscene, disruptive, sexually explicit, or unethical or that promotes any activity prohibited by law, Board policy or administrative regulations.

Harmful matter includes matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest and is a matter which depicts or describes, in a patently offensive way, sexual conduct, and which lacks serious literacy, artistic, political, or scientific value for minors.  (Penal Code 313).

The Superintendent or designee shall ensure that all district computers with Internet access have a technology protection measure that prevents access to visual depictions that are obscene or contain child pornography, and that the operation of such measures is enforced.  The Superintendent or designee may disable the technology protection measure during use by an adult to enable access for bona fide research or other lawful purpose

The Superintendent or designee shall annually notify employees in writing that they have no reasonable expectation of privacy in the use of any equipment or other technological resources provided by or maintained by the district, including, but not limited to, computer files, email, text messages, instant messaging, and other electronic communications, even when provided their own password.  To ensure proper use, the Superintendent or designee may monitor employee usage of district technology at any time without advance notice or consent and for any reason allowed by law.

In addition, employees shall be notified that records maintained on any personal device or messages sent or received on a personal device that is being used to conduct district business may be subject to disclosure, pursuant to a subpoena or other lawful request.

Employees shall report any security problems or misuses of district technology to the Superintendent or designee.

Inappropriate use of district technology may result in a cancellation of the employee’s user privileges, disciplinary action, and/or legal action in accordance with law, Board policy and administrative regulation.

Legal Reference:


52295.10-52295.55 Implementation of Enhancing Education Through Technology grant program


3543.1 Rights of employee organizations


502 Computer crimes, remedies

632 Eavesdropping on or recording confidential communications


23123 Wireless telephones in vehicles

23123.5 Mobile communication devices; text messaging while driving

23125 Wireless telephones in school buses


6751-6777 Enhancing Education Through Technology Act, Title II, Part D, especially:

6777 Internet safety


254 Universal service discounts (E-rate)


54.520 Internet safety policy and technology protection measures, E-rate discounts


City of Ontario v. Quon et al. (2010) 000 U.S. 08-1332

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